Many parents are not aware of Section 504 of the Rehabilitation Act, which is intended to prevent discrimination against persons with disabilities. Through this act, children who are unable to receive special education services through the Individuals with Disabilities Education Act (IDEA) may receive academic support through Section 504.

What is Section 504?

Section 504 was established to eliminate and prevent discrimination of persons with disabilities. Some describe it as "leveling the playing field," meaning that it provides students the same access to education whether they are persons with disabilities or not. In most cases, this happens by removing barriers that interfere with a child's ability to learn.

Unlike the Individuals with Disabilities Education Act (IDEA), which provides funds to help or establish special programs, Section 504 mandates schools evaluate and remove any barriers that prevent participation in learning. All schools or organizations that receive federal funding, are mandated by law to provide full accommodation for individuals with disabilities, whether physical, emotional, or intellectual.

Who is Eligible Under Section 504?

As stated in the Rehabilitation Act, persons with a physical or mental impairment, which substantially limits one or more major life activities, are protected from discrimination. Persons who have a record of such impairment or are regarded as having impairment are also protected. Impairments could include:

  • Seizure disorders
  • Physical limitations as a result of loss of limb; physiological disorder or condition
  • Dietary restrictions such as allergies
  • Communication and processing disorders
  • Emotional or psychological disorder including:
    • Emotional illness
    • Mental illness
    • Learning disability

Under these circumstances, a person's impairment must limit one or more major life activities. Major life activities include:

  • Caring for oneself
  • Performing manual tasks
  • Walking
  • Seeing
  • Hearing
  • Speaking
  • Breathing
  • Learning
  • Working

Examples of persons protected by Section 504 but not eligible under IDEA include students who:

  • Are unable to perform some daily activities, resulting in an impairment in their ability to learn
  • Have communicable diseases - for example, hepatitis, HIV/AIDS, or tuberculosis.
  • Have temporary disabilities from accidents.
  • Have allergies or asthma.
  • Have record of addiction to drugs or alcohol, as long as they are not currently using.
  • Have environmental illnesses, which are illnesses triggered by exposure to chemical and allergenic sources.

How It Applies

All students are entitled to a free and appropriate education. Students with disabilities are entitled to access to education comparable to that provided to students who do not have disabilities, whether it is regular or special education. This means that students can receive special services and/or support even if they are not provided any special education under IDEA. These services must be provided at no cost to the parent or child.

Schools are responsible for identifying students with disabilities and for establishing standards and procedures for evaluating and placing students in appropriate services. Schools must conduct any evaluations necessary to determine the academic needs of the student. Academic needs are broadly defined, including social supports, equipment, additional scheduling support or adjustments, placement in the classroom and transportation.

Schools are reguired to notify parents about identification, evaluation, placement, or change in placement for their child. If parents disagree with any of the above, they are entitled to have an impartial hearing with the local education agency. Parents are entitled to the opportunity to participate in the hearing process and be represented by private counsel if they choose. Parents are not required to provide documentation or outside evaluation services for a child being assessed for a 504 accommodation.

Section 504 and Children with ADD/ADHD

Children with ADD/ADHD may benefit greatly through these federal acts. For example, special services may help them with problems of disorganization, distractibility, or assignment incompletion by providing additional educational support.

There are two specific routes for parents to use when seeking special services for their ADD/ADHD child.

  • If the child's disability affects educational performance, parents should first seek eligibility through special education via the processes of IDEA. This might include a multi-disciplinary assessment, an IEP meeting, and an IEP.
  • If the disability impacts educational performance but not sufficiently to require an Individualize educational program, the student may be eligible for accommodations to support academic success through Section 504.

What Parents Can Do

If you believe that your child requires special education services or accommodation, it is important that you contact your school district and notify them about your concerns in writing. Direct your letter to the principal of the school. The letter should indicate your concerns that the child is not achieving their potential academically and request an assessment to determine what is needed for academic success. School districts are mandated to respond to these requests and provide written documentation regarding the process to parents. The federal government provides funding to Parent Training and Information Centers throughout the United States who provide no cost support and training to parents and family members about this process. Most school districts successfully meet the needs of the students they serve. However, if you do not receive sufficient or appropriate action, you may consider filing a complaint with the Department of Education in your state as well as with the Office of Civil Rights.

Additional Resources

For more information and support regarding special education and 504 accommodations, you can contact your local Community Parent Resource Center or Parent Information and Training Center. These are funded through the U.S Department of Education to provide no cost, accurate support and resources to families of children with disabilities. 

 

The mission of the U.S. Department of Education, Office of Civil rights is to “ensure equal access to education and to promote educational excellence.” For more information about your rights and the Rehabilitation Act: Section 504, contact the U.S. Department of Education, Office for Civil Rights:

Lyndon Baines Johnson Department of Education Building
400 Maryland Avenue, SW
Washington, DC 20202-1100
Telephone: 800-421-3481
TDD: 877-521-2172
Website:http://www2.ed.gov/ocr External Website

The U.S. Department of Education, Office of Special Education and Rehabilitative Service provides support to parents and individuals, school districts and states in three main areas: special education, vocational rehabilitation, and research. For more information on Special Education, contact the U.S. Department of Education, Office of Special Education and Rehabilitative Services:

Lyndon Baines Johnson Department of Education Building
400 Maryland Avenue, SW
Washington, DC 20202-1100                                                                                                                   Telephone: 202-245-7468
Website: http://www2.ed.gov/osersExternal Website